You are right about the existing mortgage debt being a superior lien to the HOA regime fees. We really do not expect to receive anything. However, we would just like the bank to foreclose, but they renegiated the mortgage with the owner, without filing a new mortgage. If they had filed a new mortgage, then our lien would be superior.

We wish to complete the foreclosure process and then one of two things (1) will get a receiver to collect the rents and will pay ourselves or (2) let the lender foreclose against us, at which time we will file a no-trespass order againt the current owner.

You just reminded me...I need to send a e-mail to our attorney to see if he requested a deficiency judgment. This particular owner owns several properties, which I would like our HOA to get its hands on.

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